820549_CORRESPONDENCE_20171231

CORRESPONDENCE
NORTH CAROLINA
Department of Environmental Qual

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
March 5, 1999
Layton McPhail
McPhail Farm
1386 CaRaleighll Store Rd
Autryville NC 28318
NCDENR
NORTH CAROLINA DEPART
(ENVIRONMENT AND NATUR fqe(U�
Subject: Removal of Registration
McPhail Farm
Facility Number 82-549
Sampson County
Dear Layton McPhail:
k -1 1 A IM
PAYE T E-V i LUE
REG. OFFICE
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poulig with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
I - &17�
/ L
A. Preston Howard, Jr., P.E.
cc: Fayetteville Water Quality Regional Office
Sampson Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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d State of North Carolina
Department of Environment •
and Natural Resources Al
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCD.ENR
A. Preston Howard, Jr., P.E., Director NORTH cAROUNA DEPAF2iMENT or
ENVIRONMENT AND NAxuRA6. RESOURCES
December 9, 1998
CERTIFIED MAR,
RETURN RECEIPT REQUESTED RECEIVES
Layton McPhail DEC 2 ' 2 1"0 DEC I.5 1998
1386 Carroll Store Road
Autreyville NC 28318 Fp�(�'EVILLE airisapy �c
'
REG. OFFICE
Subject: McPhail Farm
Farm Number: 82-549
Sampson County
Dear Mr. McPhail:
This is to inform you that staff from our Fayetteville Regional Office of the Division of
Water Quality inspected the subject facility on December 12, 1997. It was noted during this
inspection that this facility was not in operation. Numerous attempts have been made to contact
you to determine the current status of the subject facility. These attempts have been
unsuccessful. Therefore, as per State law, the subject facility must not be repopulated above the
threshold number established by 15A NCAC 2H A217(a)(1)(A) until you have first applied for
and received a Certificate of Coverage under the Division of Water Quality's (DWQ) General
Permit for swine facilities. To operate this farm before applying for and obtaining a Certificate
of coverage would be a violation of N.C.G.S. 143-215.1 and be subject to a civil penalty of up to
$10,000 per day for each day of operation.
Please be advised that you are also required to manage the wastewater in the subject
facility's lagoon(s) in such a way as to properly treat the wastewater and to prevent any discharge t
of waste to waters of the State. Nothing in this'letter should be taken as removing from you
either the responsibility or liability for failure to comply with the State's environmental laws. If
you have any questions, please contact Mr. Shannon Langley at [phone], extension 58 1.
Sincerely, �. xis.;+�
fa j4A.Preston Howard, Jr., P.E.
cc: MRO Water=Quality-Super-visors"-
Shannon Langley
Sonya Avant/Facility File
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 25, 1998 RECEIVE®
Attn: Layton McPhail
McPhail Farm MN 2 6 1998
1386 Carroll Store Rd
Autryville NC 28318 FAYETTEVILLE
REG. OFFICE
SUBJECT. Retraction of Civil Penalty
McPhail Farm
Facility #: 82-549
Sampson County
OV 97-94
Dear Layton McPhail:
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a further review of the situation and given the current status of this farm it
is my decision to retract the civil penalty assessed in case number OV 97-94 and close our file on this matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 2H .0217, you must First comply with all requirements including designating an operator in
charge for the facility. `
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
Sincerely,
All._�
A. Preston Howard, Jr., E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
,Q Regional O H -
Case file # OV 97-94
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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E
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
Layton McPhail
McPhail Farm
1386 Carroll Store Rd
Autryville NC 28318
Dear Layton McPhail:
Am
r
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RE.SoURCE.s
June 12, 1998
Mc`�'¢�y
a k CL'I1U
FAYETTEVILE
Subject: Second request for Status Update
Certified Animal Waste Management Plan
McPhail Farm
Facility Number: 82-549
Sampson County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
In a letter dated February 11, 1998, received by you on February 18, 1998, this office advised you that
we had no record of having received the required Certification for the subject facility. Our letter further
requested that you provide this office with an explanation as to why this Certification was not submitted as
required. This explanation was due by March 20, 1998. To date we have received no response from you.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C,G.S. 143-215,6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet. the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. if you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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0
Also attached is a form (Farm RR 2198) that MUST be filled out if the facility is no longer in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H .0217(a)(1)(A).
Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the
following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a cartif ed animal waste
management plan by December 31, 1997, Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a cast by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
Please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581,
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
ID- Q.RegionalOffice
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
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JAMES B. HuNTJR. •ih".
GovERNOR
"�101/
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND ES
D I IMIMM CTY
April 17, 1998 1?.� 2 3 1998
Layton McPhail
McPhail Farm FAYETTEVILLE
1380 Carroll Store Rd REG. OF"FICE
Autryville NC 28318
Subject: Classisfication of Animal Waste Management Systems
Facility: McPhail Farm
Facility ID #: 82-549
County: Sampson
Dear Mr. McPhail:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on
June 21, 1996. This bill requires that a certified operator be designated as the Operator in
Charge by January I, 1997, for each animal waste management system that serves 250 or
more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000
or more confined poultry with a liquid animal waste management system. Our records indicate
that your facility is registered with the Division of Water Quality and meets the requirements
for designating an O[C.
A training and certification program is available for animal waste management system
operators. For information on the training programs please contact your local Cooperative
Extension Agent. Operator certifications are issued by the Water Pollution Control Systems
Operators Certification Commission (WPCSOCC). For information on the certification
process, please contact the Technical Assistance and Certification Group at [phone],
The type of training and certification required for the operator of each system is based on the
nature of the wastes to be treated and the treatment process(es) primarily used to treat the
animal waste. There are two types of animal waste management systems, Type A and Type
B. Type A animal waste management systems are generally used to treat waste generated by
monogastric animals which produce a low -fiber waste. Type B animal waste management
systems are generally used to treat waste generated by ruminants and other animals which
produce a high -fiber waste. The type of training and certification an operator receives should
correspond with the type of system(s) they intend to operate. For more information an the
classification of your system please contact the Technical Assistance and Certification Group.
As the owner of a registered animal operation with an animal waste management system, you
must designate an Operator in Charge and must submit the enclosed designation form to the
WPCSOCC. If you do not intend to operate your animal waste management system yourself,
you must designate an employee or engage a contract operator to be the Operator in Charge.
The person designated as the Operator in Charge, whether yourself or another person, must
possess a currently valid certificate of the appropriate type.
Sincerely,
}cal. 7)`ii�.1+tM•
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cdlAW OIC Designation.
Enclosure
cc: Fayetteville Regional Office
Water Qualtiy Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.O.BOx 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
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ivision of Soil and Water Conservation ❑ Other Agency �'` E ` x� x
Dtvlsion of Water Quality 6
kk
Routine 0 Complaint 0 Follow-up of DWQ inspection
0 Follow-up of IISWC review 0 Other
Date of Inspection 2~�Z-
Facility Number
'
Time of Inspection � 24 hr. (hh:mm)
Registered © Certified [3 Applied for Permit 13 Permitted 10 Not O erational Date Last Operated: ............
Farm Name: hnC i kc1 t l f�VO
1�'.L................ ..........���,..,...........,......,,,.....,,...............................
Count C
Y:.......'- .. .............
Owner Name :...L Gs~. -I
h �..
Phone No:
............ .............x'�1.�..R ....1............................... ................................................................................
Facility Contact: ..a-�� ...I `.l C,!.... 5,.!....... Title:. .. Phone No: ...................................................
Mailing Address: .... I3../ ...,.
......... .
................
Onsite Representative ................"' �.
..... Integrator: ................�"�
Certified Operator; ..................................... . Operator Certification Number .........................................
Location of Farm:
C
C
Latitude • =' 49 Longitude 0• 6 46
..Des►
Current Deli;
3 gp Current
Des Currents o
Swine
Capaetty`,
„ �, ,
Papulakion Paultry Capacity PapulationCattley `I
Capacity Papulattaii i
El Wean to Feeder
❑ Layer ❑Dairy
>
ElFeeder to Finish
❑ Non -Layer ❑ Non Dairy
El Farrow to Wean
a >x, iA ;R,
❑Other �
❑ Farrow to Feeder
r Tatai Design Capacity
a notai SSLrW;
❑ Farrow to Finish
❑ Gilts
❑ Boars
Number of Lagoons /Holding Pattds?� ❑ Subsurface Drains Present Cl Lagoon Area ❑Spray Field Area '
s ❑ No Liquid Waste Management System
a
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at, ❑ Lagoon [] Spray Field. ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what it the estimated flow in yal/min?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes *No
❑ Yes ��/�/ 11111No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes
No
❑ Yes
No
❑ Yes
X,o
ElYes
No
❑ Yes
No
Continue [l on hack

Facility Number: Z --
8. Are there lagoons or storage ponds on site which need to be properly closed? Yes ❑ No
Structures (Laeoons,Holding Ponds, Flush Pits, etc.]
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes )KNo
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (ft): ............................... .................................... ......
..:................... ......... .......,,...............,.,......... .......... ..,....................... ....................................
10, Is seepage observed from any of the structures? ❑ Yes W No
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 9No
12, Do any of the structures need maintenance/improvement? %Yes ❑ No
(if any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No
Waste. Application
14. Is there physical evidence of over application? ❑ Yes ❑ No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type............................................................................................................................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No
17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ❑ No
18.
Does the receiving crop need improvement?
❑ Yes
❑ No
19,
Is there a lack of available waste application equipment?
❑ Yes
❑ No
20.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
21.
Did Reviewer/lnspector fail to discuss review/inspection with on -site representative?
❑Yes
❑ No
22.
Does record keeping need improvement?
❑ Yes
❑ No
For
Cer hied or Permitted Facilities Only
23.
Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
❑ Yes
❑ No
24.
Were any additional problems noted which cause noncompliance of the Certified AWMPT
❑ Yes
❑ No
25,
Were any additional problems noted which cause noncompliance of the Permit?
❑ Yes
❑ No
No.violations or deficieincies.were;itoted-durit'g this:visit.:Y.ou:will receive- ilo' llirth'er,.
cprrespotidence A out this:visit:
1d5 a.,.,+o5 fir.
Com&meti`ts(refertoquestioni):ExplaiintanyYES'answers utid/nor Any recotnittenda ns or any othetr comtttenls; x t A
U odrrawingA of factttty to kietter expla t (us ddtt r�aal Pages as necessary)
n � fr ,
2 are- D ✓�-� s sue,
4r\o©q5
ILO Ce.o le. .
P
7/25/97
�r
Reviewer/Inspector Name. i
Reviewer/Inspector Sil;natore: Date, Z -/ 2-

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Layton McPhail
McPhail Farm.
1386 Carroll Store Rd
Autryville NC 28318
LT,14
MAM
IDEHNR
RE C E � 'of i EE D
tM 1 4 1991
FAYETT17WILra
REG. Or-RCE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 817.0201
McPhail Farm
Facility #: 82-549
Sampson County
Case #: OV 97-094
Dear Layton McPhail:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Layton McPhail in the amount of $500.00. This assessment is based upon the following facts:
Layton McPhail operates an animal operation and associated animal waste management
system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having.
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which.
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
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Layton McPhail failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that Layton McPhail violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess Layton McPhail a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in Charge designation form, Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thirty days receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver farm). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality ;
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention oP
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 24535
Raleigh, North Carolina 27626-0535
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mi. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr.,
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files wl attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGALNST
PERMIT NO.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the ri.-hi to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 19_.
SIGNATURE
ADDRESS
TELEPHONE

ANIMAL WASTE MANAGEMENT SYSTEM
-QPERAJOR IN CHARGE
ES TGN TT N FOR
ANIMI AL WASTE MANAGEMENT SYSTEM:
Facility M Number: CounrJ :
OPERATOR IN CHARGE
Home Mailing Address.
City Slate Zip
Certificate # Social Security
Work Phone Home'Phone
Signature Date
OWNER
bailing. Address- City
State Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
Divisioa of Water Quality
P. 0. Box 29535
Raleigh, N.C. 27626-0535

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James 8, Hunt, Jr.,' Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
Layton McPhail
McPhail Farm
1386 Carroll Store Rd
Autryville NC 28318
Dear Mr. McPhail:
IDE"NIF;Z
April 3, 1997 "; rr—r,�,F
APR 0 7 1997
Fw ErF EVBLLE
REG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
McPhail Farm
Facility Number 82--549
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains.a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O, Box 29535, N%)CAn
'r FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ "% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources y
Division of Water Quality
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary N
A, Preston Howard, Jr., f.E., Director
FZ
April 3, 1997 RECENED
L.F. McPhail APR 7 1!97
L.F. McPhail Farm
4466 Maxwell Rd F:RJET FF LLr7t:
Autryville NC 28318 ��(Qirirl r
SUBJECT: Notice of Violation
Designation of.Operator in Charge
L.F. McPhail Farm -
Facility Number 82--374
Sampson County
Dear Mr. McPhail:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997,
If you have questions concerning this matter, please contact our Technical !Assistance and
Certification Group at [phone].
Sincerely, hh��
)", �).
Ir,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesiet i
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O, Box 29635, N'%fCAn A FAX [phone]
Ralelgh, North Carolina 27626-0535 Equal' Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
L.F. McPhail
L.F McPhail Farm
Rt 1
Godwin NC 28344
SUBJECT: Operator In Charge Designation
Facility: L.F McPhail Farm
Facility ID#: 82-374
Sampson County
Dear Mr. McPhail:
EDF-=H6�IR
RECEIVED
NOV 19 1996
FA1fE EVILLE
RFG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
4
r., , D' ector
Division of Water Quality -
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.Q. Box 27687, ��
Raleigh, North Carolina 27611-7687 imfC An Equal Opportunity/Afflrmgtive Action Employer
Voice 919-715-4100 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Layton McPhail
McPhail Farm
Rt 1 Box 135
Autryville NC 28318
SUBJECT: Operator In Charge Designation
Facility: McPhail Farm
Facility ID#. 82-549
Sampson County
Dear Mr, McPhail:
AdlbMMMMM�y
MOM
F_=HF;Z
wEcEsvE U
Nov 19 1996
FREE o ICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state far
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
A. Preston Howard, Jr., ector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P,O, Box 27687. �II►��4
Raleigh, North Carolina 2761 1-7687 v�C An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 . - 50°k recycled/l0°%o post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 27, 1995
Mr. L. F. McPhail
4466 Maxwell Road
Autryville, NC 28318
SUBJECT: Compliance Inspection
Sampson County
Dear Mr. McPhail:
On November 21, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection
Report for your information. It is the opinion of this office that this facility is in compliance
with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly
performed.
1541.
Should you have any questions regarding this matter, feel free to contact me at (910) 486-
Sincerely,
Val Jones
Environmental Chemist
DTJ/mla
Enclosure
cc: Facility Compliance Group
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post -consumer paper

l
Site Requires Invnedlate Attention:
FacilityNo. �75�
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: I I — 1995
Time:
Farm Narne/Owner:_
Mailing Address: �f G,� /t?►� x�lr� ��GI�D I¢�/'iI/Fi �'G 3/ -
County: _ S4W 5d,v
Integrator: Phone:..
On Site Representative. vo � -a, ' z- Phone:
PhysicalA.ddreivLocadon: f t? lwe �7Cf �✓/ ¢az��c. S� U4 ".f7-&-
-'fit ! y- 9 0 V44 /!f i ILL � %�/LV /4 4-50e_16L 41h
Type of Operation: Swine Poultry Cattle
Design Capacity: Number of Animals on Site: 0
DEM Certification Number: ACE DEM Certification Number: ACNEW_
Latitude: Longitude -
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: ,fit. Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No
Is adequate land available for spray? Yes or No Is the cover crop adequate? Yes or No
Crop(s) being utilized:
Does the facility niret SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No
I DO Feet from Wells? Yes or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No
Is animal waste land applied or spray irrigated within 25 Feet of a VSGS Map Blue Line? Yes or No
Is animal waste discharged into waters of the state by man-made ditch, flushing; system, or odder
similar man-made devices? Yes or No If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific ac a with cover crop)? Yes or No
A.dditzonal Comments: aQ_f� cf %3 Sr'�y[ 55 L✓� tiOGw _%�/�h��ye
L) e T J�A/e s
Inspector Name
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 2, 1994
CERTIFIED MAIL
RETURN RECEIPT EMUESTED
L.F. McPhail
Rt. 1
Godwin, NC 28344
Subject: NOTICE OF VIOLATION
Animal Waste Management System Registration
As Per 15A NCAC 211.0217(c)
3 Sampson ounty--
Dear Mr. McPhail:
4
LT.K?FA
1:3EHNF-1
w
x
t FEB 9 1994
ENV. MANAGEMENT
rAYETTEVILLE REG. Gi Fl( F
This letter is to inform you that the Division of Environmental Management received your
Registration Form for Animal Feedlot Operations on Jan-10-94. This late submittal is a violation
of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section
.0217(c) which required the registration to be received by the Division on or before December 31,
1993.
In addition to this registration requirement, please be advised you are also required to
submit an Animal Waste Management Plan on or before December 31, 1997, as per Title 15A of
the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section ,0217(a)(1)(E).
If you need financial or technical assistance with regard to the development of your animal
waste management. plan, you should contact your local Soil and Water Conservation District Office
at [phone].
If you have any questions concerning this information, please call Michael Wicker,
Fayetteville Regional Office Water Quality Supervisor at [phone] or Dianne Williams
Wilburn at [phone], ext. 233.
Sin rely,
A. restanioward, Jr., P.E.
cc:�Regional-Water.Quality Supervisor
Sampson County Soil and Water Conservation District
Sampson County Health Department
Regional Coordinator- NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r �
State -of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 27, 1995
Mr. L. F. McPhail
4466 Maxwell Road
Autryville, NC 28318
SUBJECT: Compliance Inspection
Sampson County
Dear Mr. McPhail:
On November 21, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inaction
Report for your information. It is the opinion of this office that this facility is in compliance
with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly
performed.
Should you have any questions regarding this matter, feel free to contact me at (910) 486-
1541.
Sincerely,
Val Jones
Environmental Chemist
DTJ/mla
Enclosure
cc: Facility Compliance Group
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Site Requires Immediate Attention:
Facility No. --a 7- 75t-
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANI3 AL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE. / /— �� , 1995
Time: -:�?- -,ov
Farm Name/Owner:_
� • !' /'0:yj4,41-L
Mailing Address: _. G A4-,KkU // _ jotQ 144'& V Ile-, -4-G k 3
County: 5G411
Integrator: _ Phone:
On Site Representative. Phone:
Physicla�lfA'ddress/Location: f Gs'1 ,tip y/r�✓f ¢�/{.c- S,� 604, 'FJO 0, 7 /9L/Z' uc-J' ,�
l2 14 ' P I/V X/ J.14 r %�!/r�v �� Lr A Sr' J(-e 6"V-e 4��Ld ^ a dlk /D I���i 1��r Ile /G
Type of Operation: Swine Poultry battle
Design Capacity: Number of Animals on Site: 0
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: Longitude: ' —"
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches) Yes or No Actual Freeboard: _Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No
Is adequate land available for spray? Yes or No Is the cover crop adequate? Yes or No
Crop(s) being utilized:
Does the facility napes SCS minimurn setback criteria? 200 Feet from Dwellings? Yes or No
100 Feet from Wells? Yes or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or No If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific aerea a with cover crop)? Yes or No /
litional Comments: 7 � u Jr���YL 5 r L- I�OGW "ye
j s
Inspector Name
Signature
cc: Facility Assessment Unit
Use Attachments if Needed.

L
t
1
t DIVISION OF ENVIRONMENTAL MANAGEMENT
Are—
SUBJECT: Compliance Inspection
County
Dear : W11 ( Al?A#'`)—
ki
On , , an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our
Compliance Inspection Report for your information. It is the opinion of this
office that this facility is in compliance with 15A NCAC 2H, Part .0217, and
that Animal Waste Management is being properly performed.
Should you have any questions regarding this matter, feel free to contact
me at [phone].
PrI
Enclosure
cc: Facility Compliance Group
Sincc/erel�yj,
bson
ng�ne

DIVISION OF ENVIRONMENTAL MANAGEMENT
hu r- y , n- r✓ �k3 ���
SUBJECT: Compliance Inspection
County so-v
Dear : '4W, /M grh4;
1
I le-1 r—
On , , an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our
Compliance Inspection Report for your information. It is the opinion of this
office that this facility is in compliance with 15A NCAC 2N, Part .0217, and
that Animal Waste Management is being properly performed.
Should you have any questions regarding this matter, feel free to contact
me at [phone].
Sincerely,
Gra Dobson
E i mental Engineer
GD/
Enclosure
cc: Facility Compliance Group

��� � � ,, * � Site Requires Immediate Attention:
Facility No. T
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
Farm Name/Owner:. Alf -
Mailing Address: &L- r
County: 5AY d4h,4-
Integrator: 2t=
On Site Representative: A
Physical Address/Location:_
DATE: u / � / , 1995
Time: 00
0h±11s IVkfA t
r�¢ir�r3
y1a/0.4 5 se
4/c a93!rs � o 5'6%
Phone:_
_ Phone:
OF
Type of Operation: Swine Poultry Cattle
Design Capacity: Number of Animals on Site: �EU
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches)�Y or No Af,Freeboard:-/ L-Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or4W Was any erosion observed? Yes or I—Q�
Is adequate land available for spray? yeSr No Is the cover crop adequate? ee or No
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? a or No
100 Feet from Wells? io%r No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue ine: Yes or I0
Is animal waste discharged into water of a state by man-made ditch, flushing system, or other
similar man-made devices? Yes o N If Yes, Please Explain.
Does the facility maintain adequate wasV management record (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? a or 'No
Additional Comments:
P r 0-
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.

MORTE CAROLIM DRPARTl=qT OF ENVIRONMENT, BSALTH 3 NATURAL RESOURCES
DIVISION OF ENV?RON MENTAL MAMGEMHVT
Fayetteville Regional Office
Animal Operation Compliance Inspection Force
fwF+• :•4.Y.+% �::�.irrc,,;,, :r:•
t � !N^f+� ■■� Y•'W Y�k'� f 4�1 `N' M
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�'^ �N�n�r..•+Wwh .y.�;.•/p�r�■H�".1i�
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e Phm I NorservFoam o5]
♦ rya� Y' s. e.', �s::". ��nY1'yy...: � �,.K.I ! -f -J: :�:`:�H:J'M'>ti' 1
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;;'PEI.LPHONE I11IIMBER"............
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-r 1 60) 2 3q , Safembur .2530S
(q IU) 5 to`7 - (o240
All questions answered negatively will be discussed in sufficient detail in
the -Comments Section to enable the deemed Permittee to perform the appropriate
Corrections:
SECTION I
imal o era i : Nursery
Horses, cattle, win , poultry, or sheep
SECTION ,IT
Y t N I COMMENTS
I. Does the number and type of animal meet or exceed
the (.0217) criteria? (Cattle (100 head),
horses (75), swine (250), sheep (1,000),,.and
poultry (30,000 birds with liquid waste
system)]
2. Does this facility meet criteria for
Animal Operation REGI,S,TRATXM*.
3. Are animals confined fed or maintained
.in this facility for a 12-month period? -
4. Does this facility have a CERTIFIM
P
5. Does this facility maintain waste management
records (Volumes of manure, land applied,
spray irrigated on specific acreage with
specific cover crop)?
6. Does this facility meet the 5CS minimum
setback criteria for neighboring houses,
wells, etc?
I

f •
s$C,`PPom 1jr
pield s_aman$semml
1. to animal va6 W 6I.ockpilad Dt lagoon
construction within 100 ft. of a USCS
Map Blue Line Stream?
2. Is animal waste land applied or spray
irrigat+A Sri* thi n 25 ft. of a UQG0 Map
Blue Line Stream?
3. Doges this facility have adequate acreage
on which to apply the waste?
4. Does the land application'sits have a
cover crop in accordance with the
c.�x z F x �►� zg�„vi.Arrr
5. in animal waste diecharged into waters of
the estate by man-made ditch, flushing system,
or other similar manmade devices?
6. Does the animal Waste management at this
farm adhere to Best Management Practices
(BMP) of the approved CjZ=CGTI0N7
7. Does animal waste lagoon have sufficient
freeboard? How much? (Approximately _)
B. Is the general condition of this WO facility,
including management and operation,
satisfactory?
5=198 ry
C2mmen

iti : , ... 1 • .i kTAA 1 .ate. e•:* ,iAi t
Jb;
h )�
Ray McPhail
From Kitty Fork take SR 1006 to Halls Store;
Turn left onto 1002; Farm is 1 1/2 miles on
e.aeeeka
t h a left.
z ,
AAA is
. fir'
,, iTs . •, C+ � 1Si
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y s Fkafll�et ti LC �!06
t„
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r • 1ODA ...� 1'4 .iR
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,
,
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06 1.+ IA211Mobla .. Su,orr►n�
�,44! +� ♦ "a.7 • Gar�rOndd L, S L::R
as �TJ » i r IA+ A w }
�i IraA a�� O 1��A .I .._. 1591 r +

r
1 s
PLAN _MRT=7-_CX _ :N ?OR :%*4 OR =?AN-0i. =G ?Z.Z.=LCTs
?lease rat::_ the cc=yleted _orm to the =•ris_c= a! =•rir.o.:.ar.Ya= Ya=aIZe 6=t at
the add--aae ct, t!:a =$ve-9e side of t_IA ya ;.
Name o; fa—i (?lease pr_nc) Me-P)iAIL /IVAS AY FARM i
SAC.EM.r���O_G N C _2AAA"S Phone No.: 910 - 567- -6Z4o
C oUnr--.r: __i4r!r+pSQr)
Farm location: laci:ude and Lcngt;_ce:�'pg�"/Z8"�` LQ (-s=��-'c) Also,
.aase az:tach a copy of a ccunc.r road map wet__ 1ccacion _denz_:ied.
:'17e z! operazion (swt .e, _ayes dai-*r, ec; ) �ul�n
Zesign cacacivv (, :.^:e= of ari-orals) _ G80 WEAK FEdaEAt
:average size of cperat_on_ (_3 mcncL cccu:aw_on avg. } 6000 WF.nn- E�D�rZ --
Average ac4eage needed for wars applicac_on of waste (adzes}
3�naxa^�7=aaaa:aaaa aaaxsaaaatsaaa aaaaaaaaaa6p�aaa aa'�' aaaJq�y cJ a3aa i7a a3-Jaa�aaaaaaaa
Tec_scal
As a technical s7enial -st designace= hy the vor _h Caro;_ -:a Scar_ and Water
C3nse-'ac_cn Commission pursuant to *EA NCAC 67 .0005 = certify -: ac the men or
expanded ani-tal waste :zanage.menc system as _nscai'_ec for the :-a--- ra=e above
has a.*1 arl=al wasca zwn,ement plan =ac meecs the design, ccnszrwcticr_,
cperacior_ and mai ncenance scandar_s and specificacicas of the Division of
l:virarmenca_ Management and the USCG -Soil Conservation Service &n /or the North
Carolina Sail and ria:ar Cznserlazion Commission pu,rsuanz to 1 ^A NCAC ZH.0217 and
liA NCAC o .0001-.0005. The following elements and tnei= corresponcing MInimu.*a
'ay tie or other designated cad :.tidal specia iscz and
a=? _yc' _=ed in the plan as applicable: mi..imua sepa=actors (lu_=era) , liners or
e.; wale_ t ;or lagocns or waste storage ponds; waste storagecapacity; adaTuaca
quancizy and amounc ai land for waste utilization (or use of third pa.rcy) ; access
or vwnersaip or _=per waste application equipment; schedule for _ ny o
applications; anplicacion races; loading _aces; and the control of the disc: a=ge
of pollutants from stcrmwater runoff evencs less severe than the ZS-year, 24-flour
storm. '
Yams of TeehaicaZ specialist (?Tease Print) : �'�:, �L�nn�CLIC70n
Address (Agency) : 8.2,t its, 438 CL0422n /2C .18326 ?hone No.-Yo-SSZ- 5'77r
signatu.,; e :Q. 2=:= CI„tw Date:- 7/03j4•S
�a=a�swsasasa��saamemaaa aaasasasaaswwsaaagrsa�aRs'maamasaaamaaaaaasFsssasaa
Cwmar/Mmajer ,lq_-eemaat
Z (we) understand the operation and maintenance prccukres established in the
approved animal waste management plan for the faz=named above and will implement,
these procedures. (we) .slow- that: any additional -Tans ion to the exisc:.n g
design .capacity of the waste treat=ftnt and, storage system or construction of new
facilities will require a new certification to be submitted to the Division of
Environmental Kanagemenz before the new an-uais are stocked. I (we) also
understand that chere whist be no discharge of animal waste f==M this system to
s%__a=a wanarz of the atace ait e_ ...-- "^ a :jai. mace =- Y._:ug_a
r.:.r_c_f __ _m a szarm _vent less severe zha_- the Z5- 'ea.-, Z - cs^r st T e
approved plan will be filed at the farm and at the office of the local Soil and
Mace= Conservation Dist_;c,. J M
Yams of =.a-td (?1 ems ?rint) �1'LaI►ZF�$ 1 `f r fi'
Signature: r Date: 7—as
`Iaaa of Manav r, if different from owner Qlease print)
Signature:
111 : 2, change in lard ownership requires
' : t
--
he approved purl is changed) to
Data:
noci_icacion or a new certification
be sutmit_ed to tie Division of
Environmencal 10magement within 60 days of a title transfer.
D '1 USE CNL!: aC:%N=

Site Requires Immediate Attention: ,J t.)
Facility No. 92 _�rqQI
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: j11t8- z,7 1995
Time: ).' 60 P lv)
Farm Name/Owner:. - L��II_ 11 ^1 - me }Pha, f - -- - -- _. ---
Mailing Address: ,R=�.�� 133 A,��at //Q �^jc- 318 T
County: �.
Integrator: Phone:
On Site Representative:_ 4d5Me-Ph x, 1 -- - Phone:
Physical Address/Location: �1- h :!�,r zaac. /ram ,tVAd ., -z --
Type of Operation: Swine -je Poultry Cattle
- ( G
r�
Design Capacity: J& sw 4 &..-.Number of Animals on Site:--
DEM Certification Number: ACE DEM Certification Number. ACNEW
Latitude:
Does the Animal
" Longitude: ° _' "
Circle Yes or No
Waste Lagoon h e sufficient freeboard of I Foot + 25 year 24 hour
Storm event
(approximately 1 Foot + 7 inches) k9or No Actual Freeboard: 4Ft. ,_Inches
Was any seepage observed from the laGe
n(s)7 Yes or�j Was any erosion observed? Yes or No
Is adequate land available for spray? or No Is the cover crop adequate? Yes or No j
Crop(s) being utilized: 61gq n 5,r-j . r.,.�•• - o�. + J
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwell' '' a or No
100 Feet from Wells? Y or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or-1 l
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or
Is animal waste discharged into water ofiz
state by man-made ditch, flushing system, or other
similar man-made devices? Yes or If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or �'
Additional Comments: A24, A.-�
1 „01-1
- , I V �4 ae
Inspector Name
- A4
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

r
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Layton McPhail
McPhail Farm
1386 Carroll Store Rd
Autryville NC 28318
Dear Layton McPhail:
ram•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
RECHVE07"
FF_3 2 0 1993
FAYETTEVILLE
REG. OFFICE
Subject: Request for Status Update
Certified Animal Waste Management Plan
McPhail Farm
Facility Number: 82-549
Sampson County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system, Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
With their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

Also attached is a form (Form RR 2/98) that must be filled out if the facility is no longer in operation or is
below the threshold established in15A NCAC 2H ,0217(a)(1)(A). Facilides which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 21-1.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. if you have any questions concerning this matter,
please do not hesitate to contact Mr, Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Roo 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax 919-7]5.6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

al
.
NCDENR
JAMES S. HUNT JR." %y
.:GOVERNOR
rx
7.1
I
II
`'F��
{,y NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND ES
D1 1 1Ty
April 17, 1998 A?R 2 3 1998
Layton McPhail
McPhail Farm FAYETTEVI LLE
1386 Carroll Store Rd REG. OFFICE
Autryville NC 28318
Subject: Classisfication of Animal Waste Management Systems
Facility: McPhail Farm
Facility ID #: 82-549
County: Sampson
Dear Mr. McPhail:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on
June 21, 1996. This bill requires that a certified operator be designated as the Operator in
Charge by January I, 1997, for each animal waste management system that serves 250 or
more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000
or more confined poultry with a liquid animal waste management system. Our records indicate
that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is available for animal waste management system
operators. For information on the training programs please contact your local Cooperative
Extension Agent. Operator certifications are issued by the Water Pollution Control Systems
Operators Certification Commission (WPCSOCC). For information on the certification
process, please contact the Technical Assistance and Certification Group at [phone],
The type of training and certification required for the operator of each system is based on the
nature of the wastes to be treated and the treatment process(es) primarily used to treat the
animal waste. There are two types of animal waste management systems, Type A and Type
B. Type A animal waste management systems are generally used to treat waste generated by
monogastric animals which produce a low -fiber waste. Type B animal waste management
systems are generally used to treat waste generated by ruminants and other animals which
produce a high -fiber waste. The type of training and certification an operator receives should
correspond with the type of system(s) they intend to operate. For more information on the
classification of your system please contact the Technical Assistance and Certification Group.
As the owner of a registered animal operation with an animal waste management system, you
must designate an Operator in Charge and must submit the enclosed designation form to the
WPCSOCC. If you do not intend to operate your animal waste management system yourself,
you must designate an employee or engage a contract operator to be the Operator in Charge.
The person designated as the Operator in Charge, whether yourself or another person, must
possess a currently valid certificate of the appropriate type.
Sincerely,
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Fayetteville Regional Office
Water Qualtiy Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.0.8OX 29535, RALEIaH, NORTH CAR04INA 27826.0835
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEa11 O% POST -CONSUMER PAPER

Division of Soil and Water Conservation ❑ Other Agency
Division of Water Quality
Routine O Complaint G Follow-up of MV0 ins evtion O Follow -tip of D VVC review O Other
Date of Inspection2'1 Zw
Facility Number
Time of Inspection E-== 24 hr. (hh:mm)
Registered ©Certified �] Applied for Permit Permitted Not O erational Date Last Operated :..........................
!arm Name: %I.t�-,t... rW1 Count
........ .......
Owner.. ...i................................... Phone\°o:................................ ............................................
Facility Contact:.......f.!..(.C.!....'1`....!. �.....,. Title :.�..� !'1�°�. .. Phone No: ..................................................
Mailing Address: ....13...Q .&..... �a{.rQ..f..!.....!s ccr.... 1 .d...........�.!!�.......,...!�.�...!.�........ f..51..1.r................ ��..�.
Onsite Representative: ................. ....................... I ................... ......... Integrator:......................................................................................
Certified Operator................................................................................................................ Operator Certification Number........................ ..................
Locution of Farm:
C
ME
Latitude ' 4 66 Longitude • 4 44
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes *No
2. Is any discharge observed from any part of the operation? El Yes ;No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
b. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility tail to have a certified operator in responsible charge?
7/25/97
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes
�No
❑ Yes
No
❑ Yes
X`o
❑ Yes
No
❑ Yes
No
Continued on back

•4'
Facility Number: x —
8. Are there lagoons or storage ponds on site which need to be properly closed?
61ructures (Lagoon tJolding Ponds. Flush Pils, etch
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Stntcture I Structure 2 Structure 3 Structure 4
Identifier:
• Freeboard (ft): ........... 1.. ....................................................................................................................
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses ,
an immediate public health or environmental threat, notify DWQ)
13, Do any of the structures lack adequate minimum or maximum liquid level markers?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
Yes ❑ No
❑ Yes 9No
Structure 5 Structure G
15. Crop type............................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17, Does the facility have a lack of adequate acreage for land application?
18, Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative?
22. Does record keeping need improvement?
Epr Certified or Perniilted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMPT
25. Were any additional problems noted which cause noncompliance of the Permit?
No.vialations•or. deficiencies.wvere-noted-dtaring this:visit.- Yodwvill ieceNe no•further-
:. correspondence ab:oitt this'.visif.:..
❑ Yes kNo
❑ Yes KNo
0 Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes
❑ No
0 Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
,{ �.' Cofis Qbfer to question #)e,. Explain any�YES answers andlor any,riecomn enraatiorts1or any other commetnts .
Fuse dra'7 UgS afAtactltty th► bettar explain situate s �additiotutl pstges as tecesssry}4�°'S i�, &;
WE
Mr,L
7/25/97
Reviewer/Inspector Name a, ,r ,may . ZA ML, ;
Reviewer/Inspector Signature: Date: 1 Z --/ i ft-2

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Layton McPhail
McPhail Farm.
1386 Carroll Store Rd
Autryville NC 28318
�EHNR
R�C�s�,P��
PM 1 4 1991
Ni ,fE-- fT rrViLLC-
REG. 0,-F t:E
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F .0201
McPhail Farm
Facility #: 82-549
Sampson County
Case #: OV 97-094
Dear Layton McPhail:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Layton McPhail in the amount of $500.00. This assessment is based upon the following facts:
Layton McPhail operates an animal operation and associated animal waste management
system in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which.
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

Layton McPhail failed to designate an appropriately certified wastewater treatment
operator in responsible charge of the subject animal waste management system, in
accordance with 15A NCAC 8F .0201(a).
Based upon the above facts, I conclude as a matter of law that Layton McPhail violated or
failcd to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500.
Based upon the above facts and conclusions of law, I hereby assess Layton McPhail a
$500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant
to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201.
Please find attached another Operator in -Charge designation form. Please complete this
form and return it to:
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information about designating a certified operator.
Within thigLdays receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
,justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such
a request must he accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this- information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative nearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
R711
Mail or hand -deliver a Copy of the petition to:
Mi. Richard Whisna.nt
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

3
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr.,
ATTACHMENTS
cc: Regional Supervisor wl attachments
Comphance/Enforcement File wl attachments
Central Files w/ attachments
Public Information Officer wlattachments
I

STATE OF NORTH CAROLINA
COUNTY OF _
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGALNST }
PERMIT N0. )
ENVIRONyIENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , 19____
SIGNATURE
ADDRESS
TELEPHONE

ANIMAL WASTE MANAGEMENT SYSTEM
PERA R IN CHARGE
LESMNATT N-FORM
ANIMAL WASTE MANAGEMENT SYSTEYT:
Facility M Number: County:
OPERATOR TN CHARGE
Home Mailing Address.
City State Zip
Certificate T Social Security r
Work Phone Home'Phone
Signature Date
OWNER
Mailing_ Address. City
S tate Zip Telephoner
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
P. 0. Box 29535
Raleigh, N.C. 27626-0z'35

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ P.E., Director
Layton McPhail
McPhail Farm
1386 Carroll Store Rd
Autryville NC 28318
Dear Mr. McPhail:
1DEHHNFZ
April 3, 1997 70 rf 7 p%; 9 ff" in
APR 0 7 11997
FAry E i EViLLIE
REG. OFFICE
SUBJECT: Notice of Violation '
Designation of Operator in Charge
McPhail Farm
Facility Number 82-7549
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bblawdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, N%r)CAn
FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmotive Action Employer
Telephone [phone]% recycles/10% post -consumer paper

State of North Carolina IT
Department of Environment,
Health and Natural Resources 1 •
Division of Water Quality a
James 8. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary E)U—HNF;Z
A. Preston Howard, Jr., P.E., Director
April 3, 1997 RECEIVE®
L.F. McPhail OR 0 i J997
L.F. McPhail Farm
4466 Maxwell Rd FAY-E-MVILE
Autryville NC 28318 REC, Oj-r'lCm
SUBJECT: Notice of Violation
Designation of.Operator in Charge
L.F. McPhail Farm
Facility Number 82-, 374
Sampson County
Dear Mr. McPhail:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997, Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator,
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and Iiability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
1)*t_4
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, �,�� FAX [phone]
Raleigh, North Carolina 27626-0535 i� An Equal Oppartunity/Affirmative Acton Employer
NTelephone 919-733-7015 50% recycles/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
November 13, 1996
L.F. McPhail
L.F McPhail Farm
Rt 1
Godwin NC 28344
SUBJECT: Operator In Charge Designation
Facility: L.F McPhail Farm
Facility ID#: 82-374
Sampson County
Dear Mr. McPhail:
UENED
NOV 19 1996
FAYEifEVILLE
RFC. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026.
Sincerely,
r-
r., , D' ector
Division of Water Quality—�
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P,O. Box 27687, W
Raleigh, North Carolina 27611-7687 Nvf'
C An Equal Opportunity/Affirmotive Action Employer
Voice 919-715-4100 50% recycled/1096 post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Layton McPhail
McPhail Farm
Rt 1 Box 135
Autryville NC 28318
SUBJECT: Operator In Charge Designation
Facility: McPhail Farm
Facility ID#: 82-549
Sampson County
Dear Mr. McPhail:
Al r7fcu'.
E_=HF;Z
RECEIVED1
Nov 1 91996
FREE. ©F GE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026.
Sincerely,
J
A. Preston Howard, Jr., ector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, ��W�
Raleigh. North Carolina 27611 7687 w�C An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 50% recycled/100% post -consumer paper

State of North Carolina
Department of Envlronment,
Health and Natural Resources • •
Fayetteville Regional Office
James s. Hunt, Jr- Governor Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 27, 1995
Mr. L. F. McPhail
4466 Maxwell Road
Autryville, NC 28318
SUBJECT: Compliance Inspection
Sampson County
Dear Mr. McPhail:
On November 21, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection
Report for your information. It is the opinion of this office that this facility is in compliance
with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly
performed.
Should you have any questions regarding this matter, feel free to contact me at (910) 486-
1541.
Sincerely,
Val Jones
Environmental Chemist
DTJ/mla
Enclosure
cc: Facility Compliance Group
Wachovla Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX 91a486-0707
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post -consumer paper

r
Site Requires Immediate, Attention:
Facility No. a 7-Z_375t
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE. / /- �Xi , 1995
Time:
Farm Name/Owner: 1"
Mailing Address:
County: _ Z eW V
Integrator: Phone: _
On Site Representative: �' [/° ,a. ' [- Phone:
Physical Address/Location: f .M
Type of Operation: Swine `� Poultry Cattle
—
Design Capacity: Number of Animals on Site:
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: Longitude:
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approximately l Foot + 7 inches) Yes or No Actual Freeboard: __.Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No
Is adequate land available for spray? Yes or No Is the cover crop adequate? Yes or No
Crop(s) being utilized:
Does the facility meet SCS minimurn setback criteria? 200 Feet from Dwellings? Yes or No
100 Feet from Wells? Yes or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or No If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acres a with cover crop)? Yes or No
Additional Comm/eComments:— [j of f� 4 5 e, —
9 r /+ J-vNCS
inspector Name
- jj_- , i_
Signature 1.
cc: Facility Assessment Unit Use Attachments if Needed.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 2, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
L.F. McPhail
Rt. I
Godwin, NC 28344
Subject: NOTICE OF VIOLATION
Animal Waste Management System Registration
As Per 15A NCAC 2H .0217(c)
3 SamAso_ CauntYD
Dear Mr. McPhail:
�EHNF1
f r:
Nit, FEB 9 1994
ENV. MANAGEMENT
PAYETTEVILLE REG. C)VP)(-r
This letter is to inform you that the Division of Environmental Management received your
Registration Form for Animal Feedlot Operations on Jan-10-94. This late submittal is a violation
of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section
,0217(c) which required the registration to be received by the Division on or before December 31,
1993.
In addition to this registration requirement, please be advised you are also required to
submit an AnimaLWaste Management Plan on or before December 31, 1997, as per Title 15A of
the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(a)(1)(E).
If you need financial or technical assistance with regard to the development of your animal,,
waste management. plan, you should contact your local Soil and Water Conservation District Office
at [phone].
If you have any questions concerning this information, please call Michael Wicker,
Fayetteville Regional Office Water Quality Supervisor at [phone] or Dianne Williams
Wilburn at [phone], ext. 233.
Sin
ty pre
cc:Regional-Water_QuaiSuevisor A. red, Jr., P.E.
J
Sampson County Soil and Water Conservation District
Sampson County Health Department
Regional Coordinator- NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State -of North Carolina
Department of Environment,
Health and Natural Resources 4• •
Fayetteville Regional Office A&
James B. Hunt, Jr., Governor � C
Jonathan B. Howes, Secretary G
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 27, 1995
Mr. L. F. McPhail
4466 Maxwell Road
Autryville, NC 28318
SUBJECT: Compliance Inspection
Sampson County
Dear Mr. McPhail:
On November 21, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection
Report for your information. It is the opinion of this office that this facility is in compliance
with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly
performed.
Should you have any questions regarding this matter, feel free to contact me at (910) 486-
1541.
Sincerely,
9UVL-L-
Val Jones
Environmental Chemist
DTJ/mla
Enclosure
cc: Facility Compliance Group
Wachovia Building, Sulte 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post -consumer paper

Site Requires Immediate Attention:
Facility No. zL_7�9-'
DIVISION OF ENVIRONMENTAL MANAGEN EN7
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE. / /— ::;L/ , 1995
Time:
Farm Name/Owner:
Mailing Addtless:
County: 5�N
Integrator Phone:
On Site Representative: -9 , M6f h-A.'1- Phone:
Physical Address/L.ocation: f p.e lwe fy�z.��v ��- 5,e Qa4 "sT-�s IW7, j-
lZ,lfil = o Vy,# 114 , � M'
/� T h� S,�d�c_ �.ty �d ucG� ZA._�
Type of Operation: Swine Poultry Cattle
Design Capacity: Number of Animals on Site:
DEM Certification Number: ACE DEM Certification Number: A.CNEW
Latitude: Longitude: ' -- "
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or No Actual Fmeboard: __Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No
Is adequate land available for spray? Yes or No Is the cover crop adequate? Yes or No
Crop(s) being utilized:
Does the facility micet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No
100 Feet from Wells? Yes or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No
Is animal waste land applied or spray irrigated within 25 poet of a USGS Map Blue Line? Yes or No
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar :man-made devices? Yes or No If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acr a with cover crop)? Yes or No
Additional Comments:/) 1 &/— S,'4vc 5_� --
Jvi✓G 5
Inspector Name
if -- --)f . f. 44w-,.-
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

DIVISION OF ENVIRONMENTAL MANAGEMENT
f/I 16'1I iF, tee.
Dear :.,1 r
SUBJECT: Compliance Inspection
County Si.ti
1
On , , an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our
Compliance Inspection Report for your information. It is the opinion of this
office that this facility is in compliance with 15A NCAC 2H, Part .D217, and
that Animal Waste Management is being properly performed.
Should you have any questions regarding this matter, feel free to contact
me at [phone].
Sincerely,
bson
ngineer
Enclosure
cc: Facility Compliance Group

DIVISION OF ENVIRONMENTAL MANAGEMENT
r
s Naj? �W/
hu r y , G
SUBJECT: Compliance Inspection
County fi�"4f 50--7/
Dear : 10W , IV g04 L—
1
Ong, an inspection of your animal operation was performed by the
Fayetteville Regional office (FRO). Please find enclosed a copy of our
Compliance Inspection Report for your information. It is the opinion of this
office that this facility is in compliance with 15A NCAC 2H, Part .0217, and
that Animal Waste Management is being properly performed.
Should you have any questions regarding this matter, feel free to contact
me at [phone].
Sincerely,
Gra Dobson
En i mental Engineer
GD/
Enclosure
cc: Facility Compliance Group

Farm Name/Owner:
Mailing Address: -A
0 ����� � fir/` v Site Requires Immediate Attention:
Facility No. 1
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: U / V /9 -, 1995
Time: 3 ay
:. 9h,o-1 I s A/ u
County:
Integrator: ILt� 5
On Site Representative:_
Physical Address/Location:
44':5
se i
Oorr7�
n/c 2k3�
Phone:
11, s 5 Iri r'� -
Dq rW G�
Type of Operation: Swine Poultry Cattle
Design Capacity: Number of Animals on Site: 0so
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: 0 Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) rYO or No A al Freeboard:_�2�t. Inches
Was any seepage observed from the lagoon(s)? Yes orQWas any erosion observed? Yes or i
Is adequate land available for spray? es r No Is the cover crop adequate? f 'e or No
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? a or No
100 Feet from Wells? i�%r No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue ine: Yes or
Is animal waste discharged into water of- a state by man-made ditch, flushing system, or other
similar man-made devices? Yes o N If Yes, Please Explain,
Does the facility maintain adequate waM management record (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? a or No
Additional Comments:
P r
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.

NORTH CAROLINA DXPARTKENT OF MMIROWCOM, BBALTH' a NKMAL RZSO==
DIVISION Or ENVIROIK NTAL 1KANAG KMT
Fayetteville Regional office
Animal Operation Compliance =nspection Form
..e..:`�.aeah. ..re;' •j'.�:j.'.w4"
J� ` lkT:'%/ikYo��N±s.�/.+
J.Vs�:.^4DATF,
a Phou I Nurseq Farm Q
„II.�r`P= .�. A---.
V.i .F,: klt 'M �
H�.M 1fi ���.Y .gin 4►1 •.7�1 �:�7D� W V. t�
I -6yK 239 , Salembur .Zu305
(q 5 tvr7 - b240
All questions answered negatively will be discussed in sufficient detail in
the -Comments Section to enable the deemed Permittee to perform the appropriate
corrections:
S=1QM r
Anima. Opara iron ZM: Nursery
Horses, cattle, win , poultry, or sheep
,SL''C,PION 11
Y 1 N I Ce]1+MMS
1. Does the number and type of animal meet or exceed
the (.0217) criteria? (Cattle (100 head),
horses (75), swine (250), sheep (1,000),..and
poultry (30,000 birds with liquid waste
system) ]
2. Does this facility meet, criteria for
Animal operation RMIgMU M
3. Are animals confined fed or maintained
in this facility for a 12-month period?
4. Does this facility have a CBRTIF
iKA _NANAGMMM 1% ?
5. Does this facility maintain waste management
records (volumes of manure, land applied,
spray irrigated on specific acreage with
specific cover crop)?
6. Does this facility meet the SC5 minimum
setback criteria for neighboring houses,
wells, etc?

ABCTION XXX
�rrnr+►a
kiela $its ManaSMMCnj
T. io animal va6 W eLuckpilan 8r lagoons
constructions within 100 ft. of a USCS
Map Blue Line Stream?
2. la animal waste land applied or spray
irrigatM w4 *%4 n ZS ft. pf a IJDOD Map
Blue Linea Stream?
3. Does this facility have adequate acreage
on which to apply the waste?
4. Does the land application'site have a
cover crop in accordance with the
T gICGTION MM?
S. In animal waste disacharged into graters of
the state by man-made ditch, flushing system,
or other similar mats -made devices?
6. Does the animal waste management at this
farm adhere to Best Management Practices
(BMP) of the approved =TE=Zj0?
7. noes animal waste lagoon have sufficient
freeboard? How much? (Approximately
9. Is the general condition of this CAFO faCility,
including management and operation,
satisfactory? LL. I
SECTION lV
mmean

Y � I
s�t77+iSy�.
Ray McPhail
TIBIA
From Kitty Fork take SR 1006 to Halls Store;
Turn left 1002; Farm is 1 1/2 miles on
• 6.a•ets
onto
5
the left.
1
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Ali=LL'.. AMS 2 AA2MG `R_---!rT HtaUN ?OR :rzlq oR Z=2ANa_M
?lease =at,== the CC=Pp eted !D== to the Uvisica 0: v&-ararsaa_ at
_!:La ade--ass on tha =aver9e aide of t_ia ;c^.
Name of =at'a (?lease print) P AI►. 0V85EAy F
-cress :--&- L 239 _-- ,—
S,eLL,Enn.��gG N CZR3AS ?ho a Vo. �a - 5 7- 6z4a
Ccunc_r : _ S�amvSr0n _ _w
Fay _ccac_cn Lac__zde and Lorg___ce:' 'p�,"/Z$" l' fQ {_=;s.=ed) .Also,
please a00ach a Ccpy of a counc_r road :lap wita 1ocac,en .denz__jec.
^`Ipe cf operation (.sw:.:e, _aysr, da-=y, eCz ) - nWing
2es_gn capacity (,t;.-^per of animals) -feCea Weed FarPE&
:ZVerage s=_e of peraC_Or' (w ^cnch ocpu_a::iCn avg.) a®o
Average acreage needed for land app___ac_On of waste (acres;
=a�aaaaaaaaamaasaaa3saoaaaaaaaaaaaasaaaaaaaarsaaaaa�aaaa7aa�eaaaaaamaaaaaa�aaaaaa
As a technical scecializz desigraCes by the NfWr»:1 Ca:o__na Soil and Water
Conservat_cn Cor=isscon pursuant to 15n NCAC a"r .00OS, 2 certify hac the new or
expanded anzaal waste management system as installed for .he -fa= named above
has an a: l=al waste management plan ;lac meeta -he des-7n, corstr•�cz,or.,
cperat,on and :maintenance standards and spec_=icacions of _ne Divis_�-r_ of
vi=:mental Management and the :TSM-30i_ WnSerrae_on Se, rice and/or the NOW. —I
Carolina Soil any. Water Conservation Commission purrsuanc :a 0A NCAC 23.0217 and
15A WA iF .0001-.000S. The following Kaments and their corresponding mini:lc:.-a
critar_� _taue.aee:-:,Ter�fied by me or ogler designated tec �Z=.cal specialists and
ate _ ni!uded in the _ la= as applicable: mini»'cum sepa=aciors (huf ers) , liners Or
e-74_vale t for lagOcns or waste storage ponds; waste storage cacacit_ ; adequate
quancicy and 4mcunc Of '_and for waste utilization (or use A third party) ; access
or c —ers _p of pz=per waste application equipment; schedule for -Y.._ny of
applications; appli_acion races; loadLng rates; and the control of the dizc a:ge
of pollutants from s ===mmtei. runof; events less severe than the 25-yeaz, 24-hotLr
storm.
:tasae off Tacha:.cal Specialist (Please Print) : G. e*LEr; n Ct rc7an
Affiliation:A4SC A
Xddress (Agency) :tea. BoY$ CL)rITAn nC 2832S __ Phone Vo.ryo-192- 5771
Date: 7LuS/95
aaa�nq�aaaasn�esaaTsarar saa�asa�a�sasss��aaaasa�ass�asaaaa3s�a�aaaa�aa��
Gnvasr/'saaaQar ,1Q_`dezaOaL
(we) understand the operation and maintenance procedures established in the
approved animal waste management plan for the farm named above and will i.rlplemert
these Procedures. D (we) )mow- that any additional expansion to the existizq
lesi5n.capacity of the waste treatment and szcrage system or con"swruction of new
facilities will require a new cernVicacion to be submitted to the Division of
Znvirormencal Management before the new ani.•aa_s are. stocked. 1 (we) also
understand that there must !:e no dischar;e W ani-mal waste __cm this system to
sn=fZ=a Wa-ers of One state a-ther _ _";h a -=an ^zC3
_ mo=_ f==m a smo=m event less severe l.'.'..: t. a .25- 'e?.-, .. -_:CL r st__-.. The
approved plan will be -;led at the fazm and at the office of t.me local Sail and
:vaeer Conservation Dist_iet.
:tame of Lead e� (?leas '-inc) I YtoI445 f� `{ III = ;i R'" l
S i gna t1w= e • Date
Vag of X=&q4r, if different from owner (?lease print) :
SiSnat.tre • Date:
Nata: A charge in lard ownership requires ncc___cacion or a new certification
( i_ t`se approved plan is changed) to 3e susmi tzed to the Di•T_sicn of
rnvi,cnmeazal MAnageme_nc within 60 days of a title transfer.

+� Site Requires Immediate Attention: 4j 6
Facility No.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: &nC 27�, 1995
Time: 1: au P M
Farm Name/Owner: /_Q4/f 4 'j /14r P-hd, I
Mailing Address: AVY.U0,/te fNc 3i�
County: w
Integrator: o Phone: [9/6 -9 "7 y 1- On Site Representative: 466. Mc 2 Aa, 1� _ - Phone:
Physical Address/Location: "o U 4
A
Type of Operation: Swine _,� Poultry Cattle
Design Capacity: 1&W &=u 6a�umber of Animals on Site:
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: " Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon h e sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) %or No Actual Freeboard: V Ft. � 2 Inches
Was any seepage observed from the IaGe
n(s)? Yes or�j Was any erosion observed? Yes or No
Is adequate land available for spray? or No Is the cover crop adequate? Yes or No
Crop(s) being utilized: �►� S.*.�� �• a J
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellin a or No
100 Feet from Wells? e or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or-)i&
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or I 00
Is animal waste discharged into water of he state by man-made ditch, flushing system, or other
similar man-made devices? Yes or If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
sarav irrigated on stieciiic acreage with cover cronl? Yes or NOw
I .. z " aer� - ' , -, 4 , V,
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Layton McPhail
McPhail Farm
1386 Carroll Store Rd
Autryville NC 28318
Dear Layton McPhail:
1 � •
$on" Own% � MOM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
RECEVED"'
FAYETTEVILLE
REG. OFFICE
Subject: Request for Status Update
Certified Animal Waste Management Plan
McPhail Farm
Facility Number: 82-549
Sampson County
In accordance with State Regulations (15A NCAC 21-1.0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

1
Also attached is a form (Form RR 2/98) that must be filled out if the facility is no longer in operation or is
below the threshold established in15A NCAC 2H .0217(a)(] )(A). Facilities which maintain the number of animals
below ecr tin thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 21-1,0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
mwiagement plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/I0% post -consumer paper

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